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| Author | : Jaime Lindsey |
| Publisher | : Cambridge University Press |
| Total Pages | : 265 |
| Release | : 2022-09-15 |
| Genre | : Law |
| ISBN | : 1108834426 |
Combines original empirical data with theoretical and normative analysis of access to justice in the Court of Protection.
| Author | : Bernadette Mcsherry |
| Publisher | : Routledge |
| Total Pages | : 367 |
| Release | : 2013-06-26 |
| Genre | : Law |
| ISBN | : 1135016577 |
There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.
| Author | : Kcasey McLoughlin |
| Publisher | : Routledge |
| Total Pages | : 359 |
| Release | : 2021-11-18 |
| Genre | : Law |
| ISBN | : 1000475530 |
This book seeks to understand how women judges are situated as legal knowers on the High Court of Australia by asking whether a near-equal gender balance on the High Court has disrupted the Court’s historically masculinist gender regime. This book examines how the High Court’s gender regime operates once there is more than one woman on the bench. It explores the following questions: How have the Court’s gender relations accommodated the presence women on the bench? How have the women themselves accommodated those pre-existing gender relations? How might legal judgments and reasoning change as a result of changing gender dynamics on the bench? To develop answers to these (and other) questions the book pursues a methodology that conceptualises the High Court as an institution with a particular gender regime shaped historically by the dominant gender order of the wider society. The intersection between the (gendered) individuals and the (gendered) institution in which they operate produces and reproduces that institution’s gender regime. Hence, the enquiry is not so much asking ‘have women judges made a difference?’ but rather is asking how should we understand women judges’ relationship with the law, a relationship that is shaped as much by the individual judge as by the institutional context in which they operate. Scholars, legal practitioners and researchers interested in judicial reasoning, gender diversity and the legal profession, gender and politics will be interested in this book because it breaks new ground as a case study of a Court’s gender regime at a particular time.
| Author | : Reid Mortensen |
| Publisher | : Routledge |
| Total Pages | : 305 |
| Release | : 2010-09-13 |
| Genre | : Law |
| ISBN | : 1136937412 |
The study of legal ethics and the legal profession has emerged as a distinct and important field of scholarship over the years. This book offers contemporary and non-mainstream perspectives on the shape of the legal profession. It examines how the public sees lawyers and how lawyers see their own profession.
| Author | : Margaret Doyle |
| Publisher | : Springer Nature |
| Total Pages | : 171 |
| Release | : 2019-08-31 |
| Genre | : Political Science |
| ISBN | : 3030213889 |
‘In their beautifully written book, O’Brien and Doyle tell a story of small places – where human rights and administrative justice matter most. A human rights discourse is cleverly intertwined with the debates about the relationship between the citizen and the state and between citizens themselves. O’Brien and Doyle re-imagine administrative justice with the ombud institution at its core. This book is a must read for anyone interested in a democratic vision of human rights deeply embedded within the administrative justice system.’—Naomi Creutzfeldt, University of Westminster, UK 'Doyle and O'Brien's book makes an important and timely contribution to the growing literature on administrative justice, and breaks new ground in the way that it re-imagines the field. The book is engagingly written and makes a powerful case for reform, drawing on case studies and examples, and nicely combining theory and practice. The vision the authors provide of a more potent and coherent approach to administrative justice will be a key reference point for scholars, policymakers and practitioners working in this field for years to come.'—Dr Chris Gill, Lecturer in Public Law, University of Glasgow 'This immensely readable book ambitiously and successfully re-imagines adminstrative justice as an instrument of institutional reform, public trust, social rights and political friendship. It does so by expertly weaving together many disparate motifs and threads to produce an elegant tapestry illustrating a remaking of administrative justice as a set of principles with the ombud institution at its centre.’—Carolyn Hirst, Independent Researcher and Mediator, Hirstworks /divThis book reconnects everyday justice with social rights. It rediscovers human rights in the 'small places' of housing, education, health and social care, where administrative justice touches the citizen every day, and in doing so it re-imagines administrative justice and expands its democratic reach. The institutions of everyday justice – ombuds, tribunals and mediation – rarely herald their role in human rights frameworks, and never very loudly. For the most part, human rights and administrative justice are ships that pass in the night. Drawing on design theory, the book proposes to remedy this alienation by replacing current orthodoxies, not least that of 'user focus', with more promising design principles of community, network and openness. Thus re-imagined, the future of both administrative justice and social rights is demosprudential, firmly rooted in making response to citizen grievance more democratic and embedding legal change in the broader culture./div/div
| Author | : David O'Mahony |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 269 |
| Release | : 2017-09-21 |
| Genre | : Law |
| ISBN | : 1782251979 |
"Restorative justice theory has largely failed to keep pace with the rapid expansion of restorative practices worldwide – indeed, it is remarkable how much support RJ has when so few advocates can even define what it is. As such, this insightful and comprehensive new contribution from two of the top scholars on the frontlines of restorative justice research is hugely welcome." Professor Shadd Maruna, Centre for Criminology and Criminal Justice, University of Manchester "Reimagining Restorative Justice is a reflective and balanced reconsideration of restorative justice. It deftly sweeps across the large literature on the subject, putting it in perspective, seeing anew through its wide-angle lens. Empowerment and accountability provide a fertile framework for this richly reimagined justice." Professor John Braithwaite, Australian National University "David O'Mahony and Jonathan Doak have made a significant contribution to the confusing and over-complicated field of restorative justice theory. They do so through their use of empowerment theory to bring conceptual and operational clarity to the concepts of agency and accountability in restorative processes and outcomes. As a result they develop a convincing argument for face to face dialogue between victim and perpetrator within the core of the criminal justice system. Their emphasis upon ethical and skilful practice is a welcome riposte to the rapid spread of 'restorative justice lite' driven by managerialism and the need to cut costs." Tim Chapman, Lecturer at the University of Ulster. "O'Mahony and Doak convincingly argue that rapid developments in the practice of restorative interventions have outstripped restorative justice theory. They provide both an outstandingly helpful review of the literature and a fresh theoretical approach based on empowerment theory. Everyone seriously interested in restorative justice will want to reflect carefully on the authors' conclusions." Anthony Bottoms, Emeritus Wolfson Professor of Criminology at the University of Cambridge. In recent years, restorative-based interventions have expanded rapidly and are increasingly viewed as a legitimate, and even superior means of delivering justice. The result of this swift but piecemeal development has been that restorative justice practice has outpaced the development of restorative justice theory. This book takes up this challenge by 'reimagining' a new framework for the operation of restorative justice within criminal justice. In essence, it is contended that the core empowering values of 'agency' and 'accountability' provide a lens for reimagining how restorative justice works and the normative goals it ought to encompass.
| Author | : Beverley Clough |
| Publisher | : Policy Press |
| Total Pages | : 220 |
| Release | : 2024-09-19 |
| Genre | : Law |
| ISBN | : 1529235634 |
Questions as to the mental capacity of an individual to consent to sex are an increasingly important aspect of legal scholarship and professional practice for those working in care. Recent case law has added new layers of complexity, requiring that a person must be able to understand that the other person needs to consent and can withdraw that consent. While this has been welcomed for asserting the importance of the interpersonal dynamics of sex, it has significant implications for practice and for the day-to-day lives of people with cognitive impairments. This collection brings together academics, practitioners and organizations to consider the challenges posed by the current legal framework, and future directions for law, policy and practice.
| Author | : Paul Farmer |
| Publisher | : University of California Press |
| Total Pages | : 508 |
| Release | : 2013-09-07 |
| Genre | : Medical |
| ISBN | : 0520271998 |
Bringing together the experience, perspective and expertise of Paul Farmer, Jim Yong Kim, and Arthur Kleinman, Reimagining Global Health provides an original, compelling introduction to the field of global health. Drawn from a Harvard course developed by their student Matthew Basilico, this work provides an accessible and engaging framework for the study of global health. Insisting on an approach that is historically deep and geographically broad, the authors underline the importance of a transdisciplinary approach, and offer a highly readable distillation of several historical and ethnographic perspectives of contemporary global health problems. The case studies presented throughout Reimagining Global Health bring together ethnographic, theoretical, and historical perspectives into a wholly new and exciting investigation of global health. The interdisciplinary approach outlined in this text should prove useful not only in schools of public health, nursing, and medicine, but also in undergraduate and graduate classes in anthropology, sociology, political economy, and history, among others.
| Author | : H. Joaquin Jackson |
| Publisher | : University of Texas Press |
| Total Pages | : 435 |
| Release | : 2011-08-29 |
| Genre | : Biography & Autobiography |
| ISBN | : 0292738994 |
A retired Texas Ranger recalls a career that took him from shootouts in South Texas to film sets in Hollywood. When his picture appeared on the cover of Texas Monthly, Joaquin Jackson became the icon of the modern Texas Rangers. Nick Nolte modeled his character in the movie Extreme Prejudice on him. Jackson even had a speaking part of his own in The Good Old Boys with Tommy Lee Jones. But the role that Jackson has always played the best is that of the man who wears the silver badge cut from a Mexican cinco peso coin, a working Texas Ranger. Legend says that one Ranger is all it takes to put down lawlessness and restore the peace: one riot, one Ranger. In this adventure-filled memoir, Joaquin Jackson recalls what it was like to be the Ranger who responded when riots threatened, violence erupted, and criminals needed to be brought to justice across a wide swath of the Texas-Mexico border from 1966 to 1993. Jackson has dramatic stories to tell. Defying all stereotypes, he was the one Ranger who ensured a fair election—and an overwhelming win for La Raza Unida party candidates—in Zavala County in 1972. He followed legendary Ranger Captain Alfred Y. Allee Sr. into a shootout at the Carrizo Springs jail that ended a prison revolt and left him with nightmares. He captured “The See More Kid,” an elusive horse thief and burglar who left clean dishes and swept floors in the houses he robbed. He investigated the 1988 shootings in Big Bend’s Colorado Canyon and tried to understand the motives of the Mexican teenagers who terrorized three river rafters and killed one. He even helped train Afghan mujahedin warriors to fight the Soviet Union. Jackson’s tenure in the Texas Rangers began when older Rangers still believed that law need not get in the way of maintaining order, and concluded as younger Rangers were turning to computer technology to help solve crimes. Though he insists, “I am only one Ranger. There was only one story that belonged to me,” his story is part of the larger story of the Texas Rangers becoming a modern law enforcement agency that serves all the people of the state. It’s a story that’s as interesting as any of the legends. And yet, Jackson’s story confirms the legends, too. With just over a hundred Texas Rangers to cover a state with 267,399 square miles, any one may become the one Ranger who, like Joaquin Jackson in Zavala County in 1972, stops one riot. “A powerful, moving read . . . One Ranger is as fascinating as the memoirs of nineteenth-century Rangers James Gillett and George Durham, and the histories by Frederick Wilkins and Walter Prescott Webb—and equally as important.” —True West “A straight-shooting book that blow[s] a few holes in the Ranger myth while providing more ammunition for the myth’s continuation. . . . Reads more like a novel than [an] autobiography.” —Austin American-Statesman
| Author | : Sara Fovargue |
| Publisher | : Taylor & Francis |
| Total Pages | : 425 |
| Release | : 2023-07-20 |
| Genre | : Law |
| ISBN | : 100090993X |
Health and healthcare are vitally important to all of us, and academic interest in the law regulating health has, over the last 50 years, become an important field of academic study. An analysis of the development of, changes in, and scope of health law and ethics to date, is both timely and of interest to students and scholars alike, along with an exploration of its likely future development. This work brings together contributions from leading and emerging scholars in the field. Each contributor has been invited to select and analyse a ‘leading work’, which has for them shed light on the way that health law and ethics has developed. The chapters are both autobiographical, reflecting upon the works that have proved significant to contributors, and also critical analyses of the current state of the field. This collection also includes a specially written Introduction and Conclusion, which critically reflect upon the development of health law and ethics and its likely future developments in the light of the reflections by contributors on their chosen leading works. The book will be of interest to students, teachers, and researchers in health law and ethics, as it provides critical discussions and assessments of some of the leading scholarship in the field.
